NRS 540A.030 Boundaries
of region. [Effective through September 30, 2015, and after that date if: (1)
on or before January 1, 2014, the Governor of this State issues a proclamation
that the State of California has enacted legislation which satisfies the
requirements set forth in section 7 of chapter 424, Statutes of Nevada 2013, at
page 2368; or (2) by September 30, 2015, the amendments to the Tahoe Regional
Planning Compact proposed by this State in 2011 are approved pursuant to Public
Law 96-551, the State of California enacts amendments that are substantially
identical to those amendments and the governing board of the Tahoe Regional
Planning Agency adopts an update to the 1987 Regional Plan, or effective
through September 30, 2017, if those events have not taken place by July 1,
2015, and the Governor of this State issues a proclamation before October 1,
2015, that those events are likely to take place in the reasonably foreseeable
future, and effective after September 30, 2017, if those events take place by
September 30, 2017.]

NRS 540A.030 Boundaries
of region. [Effective October 1, 2015, unless: (1) on or before January 1,
2014, the Governor of this State issues a proclamation that the State of
California has enacted legislation which satisfies the requirements set forth
in section 7 of chapter 424, Statutes of Nevada 2013, at page 2368; or (2)
before October 1, 2015, the amendments to the Tahoe Regional Planning Compact
proposed by this State in 2011 are approved pursuant to Public Law 96-551, the
State of California enacts amendments that are substantially identical to those
amendments and the governing board of the Tahoe Regional Planning Agency adopts
an update to the 1987 Regional Plan, or effective October 1, 2017, if those
events have not taken place by July 1, 2015, and the Governor of this State
issues a proclamation before October 1, 2015, that those events are likely to
take place in the reasonably foreseeable future but those events do not take
place by September 30, 2017.]

NRS 540A.240 Acquisition
and use of water rights and other sources of water in accordance with plan;
imposition of charge by board.

REMEDIATION OF QUALITY OF WATER

NRS 540A.250 Creation
of district for remediation; recovery of expenses.

NRS 540A.260 Preparation
and approval of plan for remediation; duty of board to determine costs of
developing and carrying out plan; liability of owner or lessee of property.

NRS 540A.262 Prerequisites
to determining, expanding or amending boundaries of district for remediation:
Hearing; publication of notice of hearing; adoption of ordinance; certain bonds
or financial obligations paid in full; territory not required to be contiguous.

NRS 540A.265 Determination
of annual fee for properties within district for remediation; collection and
enforcement of fee; duty of persons who sell water to provide board with list
of clients; power of board to impose ad valorem tax on property within district
in lieu of annual fee.

NRS 540A.267 Power
of board to issue bonds or otherwise become obligated to pay costs of
developing and carrying out plan for remediation; bonds or other obligations
secured by certain fees or taxes.

NRS 540A.269 Applicability
of chapters 332 and 338 of NRS to contract for plan for remediation;
county ownership of property on which remediation equipment or improvements are
located not required if certain conditions met.

NRS 540A.270 Reimbursement
of expenses to identify, study and remedy condition if costs and expenses in
conformity with plan; establishment of criteria for reimbursement;
reimbursement subject to availability of proceeds from certain bonds, fees or
taxes.

NRS 540A.280 State
Department of Conservation and Natural Resources authorized to recover costs of
remediation from person who caused or contributed to condition requiring
remediation; priority of distribution of money recovered from responsible
person; use of money distributed to board.

NRS 540A.285 Determination
by board conclusive and incontestable in absence of fraud or gross abuse of
discretion; review of determination by district court.

_________

_________

GENERAL PROVISIONS

NRS 540A.010Definitions.As
used in this chapter, unless the context otherwise requires:

1. “Board” means the board of county
commissioners.

2. “Commission” means the Northern Nevada
Water Planning Commission created by section 36 of chapter 531, Statutes of
Nevada 2007, at page 3293.

3. “Comprehensive plan” or “plan” means
the plan developed by a regional water commission created by special act.

4. “Division” means the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources.

NRS 540A.030Boundaries of region. [Effective through September 30, 2015, and
after that date if: (1) on or before January 1, 2014, the Governor of this
State issues a proclamation that the State of California has enacted
legislation which satisfies the requirements set forth in section 7 of chapter
424, Statutes of Nevada 2013, at page 2368; or (2) by September 30, 2015, the
amendments to the Tahoe Regional Planning Compact proposed by this State in
2011 are approved pursuant to Public Law 96-551, the State of California enacts
amendments that are substantially identical to those amendments and the
governing board of the Tahoe Regional Planning Agency adopts an update to the
1987 Regional Plan, or effective through September 30, 2017, if those events
have not taken place by July 1, 2015, and the Governor of this State issues a
proclamation before October 1, 2015, that those events are likely to take place
in the reasonably foreseeable future, and effective after September 30, 2017,
if those events take place by September 30, 2017.]

1. In each county to which this chapter
applies, except as otherwise provided in subsections 2 and 3, the region within
which water is to be managed, and with respect to which plans for its use are
to be made, pursuant to this chapter is the entire county except:

(a) Any land within the region defined by NRS 277.200, the Tahoe Regional Planning
Compact; and

(b) Lands located within any Indian reservation
or Indian colony which are held in trust by the United States.

2. The board may exclude from the region
any land which it determines is unsuitable for inclusion because of its
remoteness from the sources of supply managed pursuant to this chapter or
because it lies within a separate hydrologic basin neither affecting nor
affected by conditions within the remainder of the region.

3. The board may include within the region
an area otherwise excluded if it finds that the land requires alleviation of
the effect of flooding or drainage of storm waters or another benefit from
planning or management performed in the region.

NRS 540A.030Boundaries of region.
[Effective October 1, 2015, unless: (1) on or before January 1, 2014, the
Governor of this State issues a proclamation that the State of California has
enacted legislation which satisfies the requirements set forth in section 7 of
chapter 424, Statutes of Nevada 2013, at page 2368; or (2) before October 1,
2015, the amendments to the Tahoe Regional Planning Compact proposed by this
State in 2011 are approved pursuant to Public Law 96-551, the State of
California enacts amendments that are substantially identical to those
amendments and the governing board of the Tahoe Regional Planning Agency adopts
an update to the 1987 Regional Plan, or effective October 1, 2017, if those
events have not taken place by July 1, 2015, and the Governor of this State
issues a proclamation before October 1, 2015, that those events are likely to
take place in the reasonably foreseeable future but those events do not take
place by September 30, 2017.]

1. In each county to which this chapter
applies, except as otherwise provided in subsections 2 and 3, the region within
which water is to be managed, and with respect to which plans for its use are
to be made, pursuant to this chapter is the entire county except:

(b) Lands located within any Indian reservation
or Indian colony which are held in trust by the United States.

2. The board may exclude from the region
any land which it determines is unsuitable for inclusion because of its
remoteness from the sources of supply managed pursuant to this chapter or
because it lies within a separate hydrologic basin neither affecting nor
affected by conditions within the remainder of the region.

3. The board may include within the region
an area otherwise excluded if it finds that the land requires alleviation of
the effect of flooding or drainage of storm waters or another benefit from
planning or management performed in the region.

(Added to NRS by 1995, 2649; A 1997, 1342; 2011, 3737;
2013, 2367,
effective October 1, 2015, unless: (1) on or before January 1, 2014, the
Governor of this State issues a proclamation that the State of California has
enacted legislation which satisfies the requirements set forth in section 7 of
chapter 424, Statutes
of Nevada 2013, at page 2368; or (2) before October 1, 2015, the amendments
to the Tahoe Regional Planning Compact proposed by this State in 2011 are
approved pursuant to Public Law 96-551, the State of California enacts
amendments that are substantially identical to those amendments and the governing
board of the Tahoe Regional Planning Agency adopts an update to the 1987
Regional Plan, or effective October 1, 2017, if those events have not taken
place by July 1, 2015, and the Governor of this State issues a proclamation
before October 1, 2015, that those events are likely to take place in the
reasonably foreseeable future but those events do not take place by September
30, 2017)

ADMINISTRATION BY BOARD OF COUNTY COMMISSIONERS

NRS 540A.040Super majority required for actions governed by this chapter.An affirmative vote of two-thirds of the
members elected to the board is required to take action with respect to any
matter governed by this chapter.

NRS 540A.050Grants; contracts; employees; disposition of property.The board may for the purposes of this
chapter:

1. Accept grants of money.

2. Enter into contracts, including
interlocal agreements, consistent with its authority under this chapter.

3. Employ and fix the compensation of
employees and professional advisers.

4. Acquire, hold, lease and dispose of
real and personal property inside and outside the region, without limitation,
by requirements applicable to a board of county commissioners in its capacity
as the governing body of a county.

NRS 540A.240Acquisition and use of water rights and other sources of water
in accordance with plan; imposition of charge by board.The board may acquire water rights or other
sources of water, within or outside the region, for future use in accordance
with the adopted comprehensive plan. Any right or source of water belonging to
a local government or governmental agency within the region must be used in
accordance with the adopted comprehensive plan. The board may impose a
reasonable charge upon a person seeking a commitment from a public utility to
provide water, for making water from a source so acquired available for that
use.

NRS 540A.250Creation of district for remediation; recovery of expenses.

1. The board shall create a district for
remediation of the quality of water if the county or district health officer or
the Administrator of the Division certifies in writing to the board that a
condition exists in an area of the region which is affecting or will affect the
quality of water that is available for municipal, industrial or domestic use
within the region.

2. Upon receipt of the certificate, the
board shall proceed, in cooperation with the health officer and the Division,
to verify the existence and extent of the condition and establish the
appropriate boundaries of the district. Money expended by the board for this
purpose may be recovered, after the district is established, from the proceeds
of bonds issued pursuant to NRS 540A.267 or from a
fee or tax imposed pursuant to NRS 540A.265.

3. The district created pursuant to this
section must include:

(a) The area where the condition which requires
remediation is determined by the board to be present or for which remediation
is determined by the board to be necessary, including any area to which the
condition is expected to migrate unless remediation is carried out; and

(b) If the board determines that the condition
which requires remediation affects the quantity or quality of drinking water
within the region, the wholesale and retail service area of any provider of
water that has used or uses for any portion of its supply wells located in the
area described in paragraph (a).

NRS 540A.260Preparation and approval of plan for remediation; duty of board
to determine costs of developing and carrying out plan; liability of owner or
lessee of property.

1. Before creating a district for
remediation pursuant to NRS 540A.250, the board
shall prepare a plan for remediation which must be approved by the Division.

2. The plan for remediation may include
any action which is reasonable and economically feasible in the event of the
release or threat of release of any hazardous substance into the environment
which may affect the water quality in this state. Such action may include:

(a) Monitoring, assessing and evaluating the
water which may be affected by the substance;

(b) Removing or disposing of the substance or
remedying the condition of the water in any other manner; and

(c) Taking such actions as are necessary to
prevent, minimize or mitigate damage to the affected water.

3. After the plan for remediation is
approved by the Division, the board shall determine, and may from time to time
redetermine, the costs of developing and carrying out the plan for remediation.
The costs may include all or part of:

(a) The cost of acquisition, construction,
equipment or other improvement of real and personal property in developing and
carrying out the plan for remediation;

(b) The cost of engineering and design in
connection with developing and carrying out the plan for remediation;

(c) The cost of operation, maintenance,
monitoring, administration, collection and other continuing charges in
connection with developing and carrying out the plan for remediation;

(e) Principal, interest and other charges due in
connection with bonds or other borrowing incurred to pay the costs of
developing and carrying out the plan for remediation;

(f) The cost of operation, maintenance,
administration and other continuing charges in connection with carrying out the
responsibilities of the district for remediation, including the cost to notify
the general public of the plan for remediation and the activities of the
district; and

(g) All other costs and expenses that the board
determines are reasonably related to the development and carrying out of the
plan for remediation or the financing thereof, or to the activities or
responsibilities of the district for remediation.

4. An owner or lessee of property within
the district who did not cause or contribute to the condition which the
district was created to remedy is not subject to criminal or civil liability,
including, without limitation, any liability for the cost of remediation or any
related damage or injury caused by the condition, except to the extent of any
unpaid assessments levied against the property.

5. No person, governmental agency or
charitable organization, whether or not otherwise exempt from assessment or
taxation, except the Federal Government, is exempt from an assessment levied
pursuant to this section.

NRS 540A.262Prerequisites to determining, expanding or amending boundaries
of district for remediation: Hearing; publication of notice of hearing;
adoption of ordinance; certain bonds or financial obligations paid in full;
territory not required to be contiguous.

1. Before determining the boundaries of a
district for remediation, the board shall hold a hearing. It shall cause notice
of the hearing to be published at least once not less than 15 days before the
hearing in a display advertisement at least 3 by 5 inches in size in a
newspaper of general circulation in the county. The notice must contain a
description of the boundaries of the district by assessor’s parcel number, or
by metes and bounds or other legal description, or state that a description of
the boundaries of the district is on file at the office of the county clerk for
public examination.

2. After the hearing, the board shall make
such adjustments to the proposed boundaries of the district as appear to the
board to be necessary, but the boundaries may not be expanded to include any
property not included in the proposed boundaries of the district described in
the notice of hearing or filed with the county clerk unless another hearing is
held, after notice given by publication in the manner provided in subsection 1.
After the hearing and any adjustment to the boundaries of the district required
by this section, the board shall designate the boundaries of the district by
ordinance, which may not be adopted as if an emergency existed.

3. The board may from time to time amend
the boundaries of the district. Any such amendment must be made by ordinance
adopted after a hearing held in the manner provided in subsection 1. Notice of
that hearing must be given by publication in the manner provided in subsection
1. The board may not amend the boundaries of the district to exclude any
property if bonds have been issued or other financial obligations incurred for
the district until those bonds or other financial obligations have been paid in
full.

4. The territory of the district
established pursuant to subsection 2 and, if applicable, expanded pursuant to
subsection 3 need not be contiguous.

NRS 540A.265Determination of annual fee for properties within district for
remediation; collection and enforcement of fee; duty of persons who sell water
to provide board with list of clients; power of board to impose ad valorem tax
on property within district in lieu of annual fee.

1. The board, by ordinance, which
may not be adopted as if an emergency existed, may determine and from time to
time redetermine the amount of an annual fee, to recover the costs of
developing and carrying out the plan for remediation, to be imposed on the
properties in the district for remediation. In making the determination, the
board may apportion the fee on the basis of improved square footage, zoning,
current or previous land use, area or any other factor determined relevant and
equitable by the board. If the condition requiring remediation affects the
quality or quantity of drinking water within the region, the fee must:

(a) Be based upon a percentage of the total
amount billed in the preceding calendar year to each parcel or property within
the district for water by the provider of retail water service to the parcel or
property;

(b) Be weighted and adjusted between parcels or
properties within the district, if applicable, to reflect varying levels of
effect of the contamination, varying levels of value resulting from remediation
or other factors deemed relevant by the board;

(c) For any parcel or property for which the fee
is weighted or adjusted, not be less than one-half or more than twice the
percentage established pursuant to paragraph (a); and

(d) For parcels or properties within the district
where retail water service is not provided or for which a full calendar year’s
billing is unavailable, be based upon an estimated billing taking into account
a partial year’s billing extended to 12 months or an average of fees for
parcels or properties with comparable zoning or uses.

2. A fee imposed pursuant to subsection 1
must be collected by the county treasurer with the general taxes of the county,
and the payment therefor must be enforced in the same manner and with same
remedies as are provided for the collection of general taxes.

3. If so requested by the county, all
persons who sell water at wholesale or retail within the district shall furnish
to the county, within 3 months after a request or at a later time specified by
the board, a list identifying by assessor’s parcel number each property for use
on which water was sold and the amount billed with respect to each parcel for
water during the year designated by the board. No charge may be made to the
county for furnishing the list.

4. In lieu of the fee authorized by
subsection 1, the board may constitute the district for remediation as a
special taxing district and impose a general ad valorem tax on all taxable
property in the district at a rate sufficient to pay the costs of developing
and carrying out the plan for remediation. The board is the governing body of
any special taxing district established pursuant to this subsection. The budget
of any such special taxing district must be included as part of the budget of
the county and its meetings must be held as part of the meetings of the board.
Any tax imposed pursuant to this subsection is exempt from the limitations on
taxes ad valorem stated in chapter 354 of
NRS. No portion of any tax imposed pursuant to this subsection may be allocated
to any redevelopment area or tax increment area whose boundaries overlap in
whole or in part the district for remediation.

NRS 540A.267Power of board to issue bonds or otherwise become obligated to
pay costs of developing and carrying out plan for remediation; bonds or other
obligations secured by certain fees or taxes.

1. The board may issue bonds and
otherwise borrow money in anticipation of the fees or taxes, or any combination
thereof, collected pursuant to NRS 540A.265 to pay
the costs of developing and carrying out the plan for remediation, including
any of the costs mentioned in subsection 3 of NRS
540A.260.

2. The board may issue those bonds as, or
may borrow money evidenced by, special obligations of the county secured solely
by those fees or taxes, or any combination thereof, or general obligations of
the county, whose payment is additionally secured by those fees or taxes, or
any combination thereof.

3. The taxes or fees that are pledged as
additional security for those general obligations are pledged revenues for the
purposes of subsection 3 of NRS 350.020.

NRS 540A.269Applicability of chapters 332
and 338 of NRS to contract for plan for
remediation; county ownership of property on which remediation equipment or
improvements are located not required if certain conditions met.

1. Chapters
332 and 338 of NRS do not apply to a
contract made by a person to accomplish the purposes of NRS
540A.250 to 540A.285, inclusive, or to a
contract made by the county to carry out the plan for remediation with any
provider of water service to the district for remediation.

2. The county need not own the property on
which any remediation equipment or improvements are located or used, or acquire
ownership of any remediation equipment or improvements whose cost is paid from
money of the county, including proceeds of bonds issued pursuant to NRS 540A.267, if the board determines there are
adequate contractual safeguards to ensure that the equipment or improvements are
used to further the plan for remediation.

NRS 540A.270Reimbursement of expenses to identify, study and remedy
condition if costs and expenses in conformity with plan; establishment of
criteria for reimbursement; reimbursement subject to availability of proceeds
from certain bonds, fees or taxes.

1. The board may reimburse a
person, governmental agency or public utility for any expenses incurred in
identifying, studying and remedying, or attempting in good faith to remedy, the
condition before the district is created, or thereafter for costs and expenses
that are in conformity with and further the plan for remediation or operation
of the district. No reimbursement may be allowed for any expense that any
person incurs in connection with disturbing the ground for the construction or
improvement of property in the district unless the board determines that the
cost or expense is in furtherance of the plan for remediation and is a cost or
expense which would have been cost-effective and beneficial to incur to further
the plan for remediation.

2. The board may establish criteria for
the reimbursement of a person, governmental agency or public utility for
expenses pursuant to subsection 1. The criteria must include adequate
safeguards so that costs reimbursed include only the actual costs of the
activities undertaken as provided in this section. No reimbursement may be
provided for any cost incurred after the creation of the district unless before
the cost is incurred by the person or entity seeking reimbursement, the amount
is approved by the board and the board determines that the cost is in furtherance
of the plan for remediation. The board may establish criteria with respect to
the amount of reimbursement for particular activities and with respect to the
process to be followed in establishing reasonable costs for reimbursement,
including, at the board’s discretion, any requirement for bidding on any
construction or any acquisition of equipment.

3. The reimbursement may be made only if
money is available from the proceeds of bonds issued or from fees or taxes
imposed pursuant to NRS 540A.250 to 540A.285, inclusive, which are not otherwise required
to be expended for other purposes. Those sections do not constitute a
requirement that the county make any reimbursements.

NRS 540A.280State Department of Conservation and Natural Resources
authorized to recover costs of remediation from person who caused or contributed
to condition requiring remediation; priority of distribution of money recovered
from responsible person; use of money distributed to board.

1. If, during an investigation to
establish the boundary of a district for remediation, development of a plan for
remediation or the carrying out of the plan, the board acquires evidence that a
person has caused or contributed to the condition requiring remediation, the
board shall provide this evidence to the Division for appropriate action. In
addition to any other action authorized by statute, the Department may by legal
action recover from the person responsible the costs of remediation incurred by
the county or district. Any monetary recovery from the person responsible,
excluding any money recovered as a penalty, must be distributed and applied in
the following order of priority:

(a) To the Department to pay the costs of
recovery and to offset the costs of remediation incurred by the Department; and

(b) To the board to offset the costs of
remediation incurred by the county or district.

2. Any recovery distributed to the board
must be used to reduce the fee or tax or to defray any increase in the fee or
tax that would otherwise be charged against the parcels or properties within
the district, as determined by the board.

3. As used in this section, “Department”
means the State Department of Conservation and Natural Resources.

NRS 540A.285Determination by board conclusive and incontestable in absence
of fraud or gross abuse of discretion; review of determination by district
court.

1. A determination by the board
pursuant to NRS 540A.250 to 540A.285, inclusive, including a determination of the
boundaries of a district for remediation or any expansion thereof,
determination of the costs of developing or carrying out a plan for
remediation, determination of the apportionment of the fee to recover those
costs pursuant to NRS 540A.265, determination of
the amount of any fee or tax pursuant to NRS 540A.265,
determination as to guidelines for the provision of any reimbursement of the
cost of remediation pursuant to NRS 540A.270,
determination of the amount of any reimbursements and any determinations made
in connection with the issuance of bonds pursuant to NRS
540A.267, is conclusive and incontestable in the absence of fraud or gross
abuse of discretion.

2. A property owner or other person who is
aggrieved by a determination of the board pursuant to NRS
540A.250 to 540A.285, inclusive, may seek
review of the determination in the district court in and for the county within
15 days after the board makes the determination. Such a review may not be
sought after the expiration of that period. If, in such an appeal, the court
finds that the determination was a result of fraud or gross abuse of
discretion, it shall remand the matter to the board for a new determination. If
the court does not find the determination was a result of fraud or gross abuse
of discretion, it shall uphold the action of the board.